After being injured in an accident, you may have needed to take time off work to recover. This in turn may have caused you to experience a loss of earnings and you may be wondering whether you could be able to claim those lost earnings back.
Within this guide, we will explain when you could be eligible to claim compensation for your lost income and potential future losses as part of your personal injury claim. To be able to claim for a loss of earnings, you will need to provide evidence that proves these losses. We will share what evidence could help you with this, as well as additional evidence that could support your personal injury claim as a whole.
We will also explain the head of loss that you would receive compensation for your lost earnings under, and the other forms of compensation you may be able to receive. Although you do not need to work with a solicitor on your claim, we will also discuss some of the benefits of working with a solicitor on our panel on a No Win No Fee basis.
If you’d like a free assessment of your potential compensation claim you can contact our advisors. They can also answer any questions you may have regarding how to claim compensation for a loss of earnings:
- Call our advisors on 0800 408 7825
- Contact us via our website.
- Use the live chat to ask a question.
Jump To A Section
- When Can I Claim For Loss of Earnings?
- How Is Loss of Earnings Calculated?
- What Else Can Contribute To Your Personal Injury Compensation?
- What Evidence Can Help You Claim Loss of Earnings?
- How Could We Help You Claim Personal Injury Compensation?
- More Resources About Making A Personal Injury Claim
When Can I Claim For Loss of Earnings?
As aforementioned, if you have been injured in an accident, you may have experienced a loss of earnings. This may be a reduced income due to needing to take time off of work to recover, or, depending on the severity of your injuries, you may be unable to return to work.
This compensation would be awarded to you under the head of loss known as special damages. This head awards compensation to claimants for the financial losses they have experienced due to their injuries.
However, to be able to seek compensation for your lost wages, your case will need to meet the personal injury claims criteria. This is:
- You were owed a care duty by someone.
- This person failed to adhere to their duty of care.
- As a result of this you have suffered an injury.
Together, these points define negligence and, if met, can form the basis of a valid personal injury claim.
There are various situations where you could suffer an accident if the duty of care owed to you was not adhered to. These include:
- An accident at work: Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care to take reasonable steps to prevent you from coming to harm while working. For example, you could suffer a back injury if your employer failed to provide you with sufficient manual handling training before asking you to carry a load.
- A road traffic accident: Everyone who uses the road owes a duty of care to one another. This means that they must use the roads in a safe and responsible manner to prevent causing any injuries or damage. They must also adhere to the Road Traffic Act 1988 and the Highway Code. You could suffer multiple serious injuries, such as a neck injury and broken leg, if you were to be hit by a drunk driver, for example.
- An accident in a public place: Whoever is in control of a public space owes members of the public a duty of care under the Occupier’s Liability Act 1957. They must take necessary measures to ensure the public’s reasonable safety when they are visiting that space. For example, if a supermarket is aware of a spillafge, they must either signpost the spillage or clean it within a timely manner. If they fail to do so, this could cause someone to suffer an ankle injury in a slip and fall accident.
What Could I Claim For In A Loss Of Earnings Claim?
When claiming for a loss of earnings, this doesn’t just involve the reduced income you received from taking time off work to recover. You could also potentially claim compensation for:
- Bonuses, as well as any possible overtime you would have been entitled to if you could have worked.
- The financial impact of limitations put on your career progression as a result of the injury.
- Any lost pension contributions depending on how long you have been unable to work.
- A future loss of earnings. We will explain this in more depth later on in this guide.
To discuss your particular case and receive a free eligibility claim check, you can contact our advisors.
How Is Loss of Earnings Calculated?
Calculating loss of earnings can be quite straightforward for people who work the same hours and days each week.
For others who work overtime or unfixed hours, the process differs, and an average is used to calculate their losses. The last three months of your salary amounts prior to suffering your injury are combined to calculate this average. The average is then multiplied by the number of months you were unable to earn because of the injury. This amount is used to value your loss of earnings.
A collection of statistical tables and additional data called the Ogden Tables are also consulted in UK court cases to help simplify the calculation of future damages in personal injury claims.
Can You Claim For Future Lost Earnings?
As we have previously mentioned, you could also receive compensation for a loss of future earnings. For example, if you work in construction and suffer a crushed hand injury, you may be unable to return to your job for a long time.
Some examples of future losses you could potentially be compensated for include:
- Potential overtime missed out on.
- Any lost bonuses you would have been eligible to receive.
- Future pension contributions.
Your age, current salary, and job prospects will be considered when calculating your future loss of earnings value.
Contact our team of advisors today to discuss your potential personal injury claim. They may also connect you with a solicitor on our panel who could help you with your case.
What Else Can Contribute To Your Personal Injury Compensation?
As aforementioned, if you make a successful personal injury claim, any loss of earnings you have suffered could be compensated under the head of loss known as special damages. Other financial losses you could claim for under this head include:
- Medical expenses, such as prescription fees.
- Travel costs to essential appointments.
- Cost for at-home care.
In addition to special damages, you will also receive compensation under the head of loss known as general damages. This is awarded to you to compensate you for the pain, suffering and loss of enjoyment your injuries have caused you.
How much compensation you could receive under general damages will depend on the factors of your case such as:
- The type of injury you suffered.
- The initial severity of the injury.
- How long your expected recovery period is.
The Judicial College Guidelines (JCG) may be used by those valuing your claim for general damages. Within this document are compensation guidelines for a variety of injuries.
We have used some of these figures within the following table, aside from the first entry.
| Area of Harm | Severity | Award Brackets |
|---|---|---|
| Multiple Serious Injuries With Loss of Earning And Other Special Damages | Severe | Up to £1,000,000+ |
| Brain Injury | (a) Very Severe | £344,150 to £493,000 |
| Brain Injury | (c) Moderate (i) | £183,190 to £267,340 |
| Back | (a) Severe (i) | £111,150 to £196,450 |
| Arm Amputations | (b) Loss of One Arm (i) | Not less than £167,380 |
| Hand | (a) Total Or Effective Loss Of One Hand | £117,360 to £133,810 |
| Foot | (b) Amputation Of One Foot | £102,470 to £133,810 |
| Knee | (a) Severe (iii) | £31,960 to £53,030 |
| Leg | (c) Less Serious (i) | £21,920 to £33,880 |
| Toes | (c) Severe | £16,770 to £25,710 |
For a free valuation of your potential personal injury claim, you can contact our advisors.
What Evidence Can Help You Claim Loss of Earnings
When claiming for loss of earnings compensation, you will need to provide evidence that supports your case. For example, your wage slips could help with proving your lost earnings.
There is other evidence you could also collect to help support your chances of making a successful personal injury claim. These could include:
- Financial documents that prove your other monetary losses. For example, an invoice for any carer fees or a receipt for a prescription fee.
- Evidence of your injuries, such as your medical records.
- Any video footage of the accident taking place, such as dashcam or CCTV footage.
- Pictures of the accident site and any visible injuries sustained.
- The contact information of any eyewitnesses who might be able to give a supporting statement to a legal professional at a later date.
A personal injury solicitor could help you collect evidence that supports your case. To see whether you may be eligible to work with a solicitor on our panel, contact our advisors today.
How Could We Help You Claim Personal Injury Compensation?
If you contact our advisors today, they can help answer any questions you may have about the personal injury claims process, assess the eligibility of your case, and provide you with free advice. Additionally, they could also connect you with a solicitor on our panel.
You don’t have to work with a solicitor on your claim, but it can come with various benefits, such as:
- Help with gathering evidence.
- Someone to present the claim to the defendant.
- Help with having your settlement negotiated and ensuring your special damages are also included within this settlement.
The solicitors on our panel also generally offer their services through a Conditional Fee Agreement. Claiming with a solicitor under this No Win No Fee arrangement also comes with various benefits, including:
- You won’t have to pay any upfront service fees for them to start work on your claim.
- There are no service fees as the case progresses.
- If the claim fails, there is no payment due to the solicitor for their completed services.
- The solicitor will deduct a success fee from your compensation if your case is successful. This amount is a percentage and is capped by law, meaning the majority of the compensation will always go to you.
Contact Us Today
If you’d like to find out more about how a solicitor from our panel could help calculate your loss of earnings in your personal injury claim, get in touch today:
- Call our advisors on 0800 408 7825
- Contact us via our website.
- Use the live chat to ask a question.
More Resources About Making A Personal Injury Claim
Additional personal injury claims guides by us:
- If you suffered an injury due to poor lighting in the workplace this guide discusses when you could make a claim.
- This guide discusses when you could claim compensation following an accident in a supermarket.
- Guidance on claiming against uninsured and untraced drivers following a road traffic accident.
You may find these resources helpful:
- Here is a guide to Statutory Sick Pay (SSP) from Gov.UK
- Information on the national minimum wage from Gov.UK.
- Guidance on when you need a fit note when taking time off work from the NHS.
If you have any more questions about claiming for a loss of earnings as part of your personal injury claim, you can contact our advisors.